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本文尚未翻譯為中文,以下為英文原文。
案例分析2026年5月16日
EB-5 Price Increase Ahead: Key Takeaways from the 2026 IIUSA Summit
The EB-5 investment threshold may rise to about $975,000, while the grandfathering protection window is counting down.
In late April 2026, IIUSA, or Invest In the USA, the national trade association for the EB-5 industry, held its 2026 Annual Summit in Washington, D.C. This is one of the most influential closed-door conferences in the EB-5 industry. Attendees included former senior officials from the U.S. Visa Office, experienced immigration attorneys, economists, and representatives from major regional centers, all of whom provided in-depth insights into the future direction of EB-5 policy.
Our attorneys followed the summit closely. This article summarizes five key EB-5 updates that may directly affect investors and families considering EB-5.
1. Price Increase Ahead: The $800,000 Investment Threshold May Soon Be a Thing of the Past
Let’s start with the question investors care about most: how much will EB-5 cost in the future?
The answer is: the minimum investment amount may rise to approximately $975,000.
The EB-5 Reform and Integrity Act of 2022, known as the RIA, provides that the minimum investment amount will be adjusted periodically based on inflation. Given the continued rise in the U.S. Consumer Price Index, the market generally expects that during the next adjustment window, anticipated around January 2027, the minimum investment amount for EB-5 projects in Targeted Employment Areas, or TEAs, may increase from $800,000 to approximately $975,000.
For families that already have a clear EB-5 plan, it may be advisable to move forward with the filing process in 2026 in order to lock in the current lower investment threshold. The difference between $800,000 and approximately $975,000 may not seem overwhelming at first glance, but preparing lawful source-of-funds documentation and completing a compliant investment can take several months. Delays can be costly. The earlier the process begins, the more flexibility investors will have.
2. The “Grandfathering Provision” Is Approaching Its Deadline: Filing Before September 30, 2026 May Lock in Eligibility Protection
The “grandfathering provision” was one of the most repeatedly emphasized protections discussed at the summit. Under the RIA, investors who properly file an I-526E petition before September 30, 2026 should continue to have their petitions adjudicated under the current standards, even if the regional center program later expires, a legislative gap occurs, or the investment amount increases. USCIS should not deny those petitions solely because of a future program expiration.
In simple terms, the grandfathering provision means “locking in the investor’s eligibility protection.” It does not mean a guaranteed approval.
It is important to clarify that under current law, the EB-5 Regional Center Program, also known as the EB-5 Pilot Program, has been extended through September 2027. It does not automatically terminate when the RIA reaches its September 2026 deadline. However, investors who file after September 30, 2026 may have weaker legal protection and may be more exposed to future policy changes. Filing earlier allows investors to enter the “safe harbor” sooner.
3. The Hidden Iceberg: Visa Backlog Forecasts for Rural and High-Unemployment Projects
According to data disclosed at the summit, since the RIA took effect in 2022 and the $800,000 investment threshold became fully implemented, the EB-5 market has accelerated significantly. To date, I-526E and I-526 filings have exceeded 14,500 petitions, with more than 4,300 approvals. In fiscal year 2025 alone, filings exceeded 6,600 petitions, approvals exceeded 3,400, and the corresponding investment amount reached approximately $11.6 billion.
On March 30, 2026, USCIS provided its first systematic explanation of its adjudication model, which the industry refers to as “Balanced FIFO.” Under this approach, USCIS generally considers filing order, but when allocating adjudication resources, it prioritizes rural project cases. After meeting the relevant quota and processing needs for rural cases, USCIS gradually shifts resources to other categories.
As shown in the summit data, approximately 80% of approved cases are currently concentrated in rural projects, while high-unemployment area, or HUA, projects account for only about 19%. This extreme allocation of adjudication resources may be creating a visa backlog dynamic that runs counter to common market assumptions.
Rural Projects: The approval channel for rural projects has been operating at full speed, which may quickly consume the annual visa allocation of roughly 2,000 visas. Given the high concentration of Chinese and Indian applicants in this category, rural projects could be the first to hit the quota ceiling and trigger a visa backlog.
High-Unemployment Area Projects: Although HUA cases have seen slower adjudication in the early stage, visa usage has been more gradual. As a result, HUA projects may maintain a relatively more stable visa backlog outlook in the near to medium term.
In addition, data released by the U.S. Department of State for FY2025, counting consular processing cases only, shows that 922 reserved EB-5 visas were issued during the year. Among them, applicants born in mainland China received 513 rural-category visas, and the U.S. Consulate in Guangzhou alone issued 496 rural visas, representing an extremely high share.
This data again confirms that Chinese applicants remain a core group in the current EB-5 market. The data also does not include applicants adjusting status within the United States. Therefore, actual visa demand is likely much higher than what the surface-level data suggests. This should be carefully considered when evaluating future visa backlog pressure.
Experts at the summit also noted that once a visa backlog is established, the cut-off date may not move forward gradually in a linear manner. Instead, it may jump directly to an earlier point in time, such as 2024 or even 2023. The old EB-5 program experienced a similar phase around 2016. Therefore, relying solely on the assumption that “rural projects have no backlog” may expose investors to significant timing risks. Investors should prepare accordingly.
4. Clearing the Fog: The Shortcut Myth and Tax Trap Behind the “Gold Card” and “Platinum Card”
The recently discussed “Gold Card” and “Platinum Card” programs have attracted significant market attention, but actual implementation data appears to be sharply inconsistent with the level of publicity. According to court filings, only about 165 individuals have paid the Gold Card application fee, and only one case has substantively entered the National Visa Center, or NVC, stage. The Platinum Card has not yet been officially launched.
More importantly, there are two major blind spots in the current market discussions.
Source-of-Funds Review Has Not Been Relaxed
Internal information indicates that the review authority for these cases remains within the immigration system, rather than with the U.S. Department of Commerce as some market rumors have suggested. Applicants are still required to provide clear, complete, and traceable source-of-funds documentation. Any assets involving informal cross-border transfers or unclear gifts will not be able to avoid substantive review.
Beware of the Claim That an Executive Order Can Create Tax Exemptions
The U.S. tax system is based on congressional legislation, including the Internal Revenue Code. An executive order does not have the authority to unilaterally create tax-exempt status for taxpayers. Even if a $5 million “Platinum Card” is introduced in the future, holders are still likely to be treated as U.S. tax residents under the law. They would likely be required to comply with worldwide income reporting obligations and disclose foreign financial assets under FBAR and FATCA rules.
High-net-worth families should be especially cautious. U.S. tax reporting obligations are strict. Under current tax rules, taxpayers who fail to properly disclose overseas assets may face penalties of up to 50% of the asset value.
5. Conclusion
The coming year may bring more major variables for EB-5 than the past several years combined. As EB-5 approaches a possible reset of the investment threshold and the expiration of key protection provisions, relying on traditional assumptions is no longer enough to navigate the current complex environment.
Early compliance planning and accurate risk identification are the only reliable ways to protect both immigration goals and family assets.
If you would like a professional evaluation of an existing EB-5 investment immigration project, or if you would like to know which immigration option may be most suitable for your family, please contact the Mei Xiao Lv legal team. We will help you develop a forward-looking cross-border immigration and asset planning strategy.
Sophie Team 電子報
成功案例、政策更新與移民洞察——遇有重要資訊即時分享。